Although it may have got lost in the final days of the 2014 Winter
Olympics I think I did point out nations led by the US and the UK used
the chaos in Ukraine to force through United Nations Security Resolution
(UNSC) 2139/2014 demanding Syria throw open its borders to
international aid groups. The reason why the US and the UK needed the
drama of the Sochi games and the turmoil in Ukraine to drive through
this Australian sponsored resolution is because its passing presents two
very serious problems for the UNSC.
Firstly it demands that the Syrian government no longer controls the
movements of aid agencies across its internal and international borders.
This not only violates Chapter 1, Article 2.1 of the UN's own charter
which "[Bases] the organisation on the principle of sovereign equality
of all members" but also Chapter 1, Article 2.4 which declares that
"[All members] will refrain... from the threat or use of force against
the territorial integrity...of any state" and Chapter 1 Article 2.7
which prevents "[The UN intervening] in matters which are essentially
within the domestic jurisdiction of any state."
Secondly the 2012 conviction of Charles Taylor by the International
Criminal Court (ICC) for war crimes and crimes against humanity made it
quite clear that any nation, individual or organisation who provides
material support (humanitarian supplies including medical supplies were
specifically referenced) to groups who carry out war crimes or crimes
against humanity are as liable for those crimes as if they had carried
them out themselves. As non-uniformed/unlawful combatants the mere
presence of the Syrian insurgents constitutes a war crime and their
conduct including genocide/ethnic cleansing, mutilation (and
cannibalism) of prisoners and the use of civilians as human shields most
certainly constitute crimes against humanity. As such the Syrian
government along with its neighbours such as Turkey are under a legal
obligation to prevent humanitarian aid from reaching insurgent held
areas. It is beyond the authority of the UNSC or any other body to
demand that the Syrian government does not uphold this legal obligation
and the UNSC may actually be under an obligation to report any agency
that is attempting to provide material support to the insurgency to the
ICC.
These two problems are significant enough to render resolution 2139/2014
null and void meaning that the UNSC will have great trouble enforcing
it. However these violations of both the UN Charter and International
law are widely tolerated across the world. This is particularly true in
conflicts such as Libya with its knock on effects in Mali and Nigeria,
Somalia, the Democratic Republic of Congo (DRC) and the Central African
Republic (CAR).
Sensing that UNSC 2139/2014's incompatibility within international law
is going to cause it some problems the UK has recently been forcing
these African conflicts to the fore in the hope daring the UNSC not to
raise questions over the conflict in Syria. The first move in this was
the announcement late in the week beginning 17/2/14 that a shipment of
weapons from the US to the Somali government via Uganda had some how
found its way into the hands of the Al-Shabaab Islamists who are
currently fighting the Somali government, the Ugandan government and the
Kenyan government. The intention here was to dip the US' hands in blood
by directly linking them to the illegal supply of weapons to African
Islamists. The idea being that having been made a part of what is a
criminal conspiracy the US would be less likely to call for those more
involved in the same conspiracy to be punished.
Next the UK moved onto Nigeria were it is well established that the UK
has been supplying Boko Haram Islamists in an effort to destabilise the
oil rich nation. The wave of Boko Haram attacks this past week began
last Sunday (23/2/14) with an attack on a school in the town of Bama
which left 100 dead - most of them burned alive. On Tuesday (25/2/14)
another school in Buni Yadi was attacked killing at least 50. On
Thursday (27/2/14) Boko Haram killed 37 with attacks on the town of
Michika which was razed to the ground, a Christian college in the town
of Shuwa and the town of Kirchinga. On Saturday (1/3/14) 35 were killed
in twin bomb blasts in Maiduguri and today (2/3/14) 39 people have been
killed in an attack on the nearby village of Mainok.
At all of these attacks witnesses have described the attackers as
wearing military-style uniforms but not displaying any military insignia
making them unlawful combatants. They have also come in the week in
which Nigeria has celebrated its independence and French President has
been visiting the nation. The UK's thinking seems to be that if the UNSC
can be cowered into not complaining about the UK's support for Boko
Haram's killing of 261 people in a week the UNSC will also be cowered
into staying silent over events in Syria.
The fact that the deployment of Russian Marines in Ukraine has now got
UNSC members such as the UK and the US clambering over each other to
condemn the use of non-uniformed troops and the violation of a nation's
territorial integrity means that I think Russian President Putin has
earned the right to feel a little bit proud of himself.
(Originally Posted) 17:25 on 2/3/14 (UK date).
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